Interaction of Dismissal with Prejudice and Subsequent Patent Infringement + Amazon IP Enforcement

Issue Preclusion, Claim Preclusion, and Expansion of the Kessler Doctrine Dismissal with prejudice generally gives rise to the application of two doctrines, issue preclusion and claim preclusion. Issue preclusion prevents a party from raising an issue that was or could have been brought in a previous lawsuit. So, a party who sues another party may [...]

SoCal IP Institute meeting – Monday, February 8, 2021

For our weekly SoCal IP Institute meeting on Monday, February 8, 2021 we will discuss the following In re Mohapatra (CAFC, Feb. 5, 2021) (Opinion here) (Patent App Pub here) Federal Circuit finds claims are directed to the abstract idea. Mohapatra’s innovation was to create a more dynamic security code than the 3-4 digit code [...]

Patent Eligibility for Mechanical Method and SMART KEYBOARD Mark for “Keyboards”

Eligibility of Mechanical Method for Patent and SMART KEYBOARD Mark for "Keyboards" Our weekly SoCal IP Institute meeting on Monday, February 1, 2021 will be a discussion of a Federal Circuit case finding mechanical subject matter ineligible for patent and a TTAB refusal to register a mark to the supplemental register: In American Axle & [...]

By |2021-01-27T17:15:15-08:00January 27th, 2021|Patent, Trademark|0 Comments

SoCal IP Institute Weekly Meeting – 01-25-21

For our weekly SoCal IP Institute meeting on Monday, January 25, 2021 we will discuss the following DOJ decision (1/15/21) not to alter existing ASCAP/BMI consent decree structure (Decision here) PROs vs Publishers explained here In the final days of the Trump administration, the Dept. of Justice ended its ASCAP/BMI consent decree review without taking [...]

By |2021-01-25T10:55:55-08:00January 21st, 2021|Copyright, Patent, Performance, Reissue, ASCAP|0 Comments

An IPR Appellate Plaintiff Must have Standing to Appeal and What Makes for an Adequate Pre-Suit Infringement Investigation

Standing to appeal an IPR is deprived by an agreement of non-infringement Who is entitled to appeal an IPR decision? That is a recurring question in IPR jurisprudence. This still relatively-new process created by the American Invents Act has been found by the U.S. Patent and Trademark Office to allow "[a] person who is not [...]

January 15, 2018 What does it take to find a patent case exceptional ; copyright standards for error

For our weekly SoCal IP Institute meeting on Monday, January 15, 2018, we will discuss the following cases: Capital Security Systems, Inc. v. NCR Corp , (N.D. Ga. January 5, 2018) (available here). Capital Security sued NCR for patent infringement on four different patents. NCR successfully defended itself against all four asserting theories of invalidity [...]

SoCal IP Institute :: October 23, 2017 :: Please join us for a presentation by guest speaker Ian Tollett ;

Please join us for our weekly SoCal IP Institute meeting on Monday, October 23, 2017. SoCal IP welcomes Ian Tollett of Williams Powell, an intellectual property firm in the United Kingdom. Mr. Tollett is a British and European Patent Attorney with an interest in the patenting of chemical polymers, agrochemicals and medical devices as well [...]

By |2017-10-20T11:08:38-07:00October 19th, 2017|Litigation, Invalidity|0 Comments

SoCal IP Institute :: September 25, 2017 :: Please join us for a presentation by guest speaker David Harris regarding: Brexit and its impact on European intellectual property

Please join us for our weekly SoCal IP Institute meeting on Monday, September 25, 2016. SoCal IP welcomes David Harris of Barker Brettell LLP, an intellectual property firm in the United Kingdom. Mr. Harris will lead a presentation addressing the impact of Brexit on EU and UK Intellectual Property Laws. All are invited to join [...]

By |2017-09-20T10:27:14-07:00September 20th, 2017|Litigation, Invalidity, Copyright Ownership|0 Comments

SoCal IP Institute :: September 18, 2017 :: DMCA and Physical Merchandise ; Fair Use and YouTube Comedy

For our weekly SoCal IP Institute meeting on Monday, September 18, 2017, we will discuss the following cases: Greg Young Publishing v Zazzle, (C.D. Cal, May 1, 2017) (available here). Zazzle is a website that allows customers to upload images and print them on merchandise. Greg Young Publishing (GYP) sued Zazzle alleging they publicly displayed GYP’s copyrighted images [...]

By |2017-09-13T16:14:40-07:00September 13th, 2017|Litigation, Invalidity, Copyright Ownership|0 Comments

SoCal IP Institute :: September 11, 2017 :: Censored Videos and the DMCA ; Tea Rose-Rectanus Doctrine ; Assignor Estoppel

For our weekly SoCal IP Institute meeting on Monday, September 11, 2017, we will discuss the following cases: Disney Enterprises, Inc. v. Vidangel, Inc., (9th Circuit, August 24, 2017) (available here). VidAngel ran a service that would stream television and movies but removed objectionable content first. To operate their service, VidAngel purchased physical disks of the content they [...]

By |2017-09-06T11:56:39-07:00September 6th, 2017|Litigation, Patent, Trademark, Invalidity, Copyright Ownership|0 Comments
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